Ansvarsbegrænsningen

Ansvarsbegrænsningen, or liability limitation, is a contractual clause used to specify the maximum amount that a party may owe in damages for breach or negligence. It is common in commercial agreements, technology contracts, insurance policies, and service contracts. The purpose is to manage risk, prevent disproportionate claims, and increase predictability of financial exposure.

In Danish law, a liability limitation clause is generally enforceable provided it is clear, specific, and does not violate mandatory provisions such as those protecting essential statutory rights or weakening consumer protection. Courts may scrutinise clauses that exclude liability for gross negligence or willful wrongdoing, treating them as potentially void under the principle of good faith. The Danish Act on Contractual Liability (Købeloven) and relevant EU regulations, such as the Unfair Terms in Consumer Contracts Directive, also influence enforceability.

Typical forms of liability limitation include fixing a monetary ceiling, limiting liability to the value of the subject matter, or charging a per‑incident cap. Drafting tips advise enumerating deductible thresholds, clarifying which damages are covered (e.g., direct versus indirect), and using plain language to minimise ambiguity. When drafting or reviewing a liability limitation clause, parties should consider the possibility of litigation interpreting the clause narrowly, the impact of statutory presumptions of fault, and the operational impact of cap amounts on risk management.